This open access book examines how international trade agreements apply to domestic regulations on cross-border data flows and then proposes a multilayered framework to align international trade law with evolving norms and practices in global data governance. Digital trade and global data governance are at a unique crossroads, raising significant policy challenges. The book focuses on five policy areas at the interface of digital trade and global data governance: privacy, cybersecurity, governmental access to data, data divide, and competition. In five separate chapters, the book analyses how different types of domestic laws in each of these policy areas interface with existing provisions in international trade law. Thereafter, each of these chapters explores the challenges and possibilities for aligning international trade law with evolving norms, standards and best practices in that specific area of data regulation, both at the domestic and transnational level.Drawing upon these findings, the final chapter proposes a multilayered framework for aligning international trade law with evolving norms and practices in global data governance. The key message of the book is that international trade law can and should meaningfully align with and contribute to the development of transnational data governance norms and practices. It can also foster robust regulatory cooperation among various stakeholders of the digital economy.As the book offers a broad perspective on the significance of digital trade rules in a datafied world, it will benefit scholars, practitioners and policymakers working on digital trade and data regulation, helping its readers explore fresh avenues in the future development of digital trade rules. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Swiss National Science Foundation.

Vorwort
This book examines how international trade agreements apply to domestic regulatory frameworks on cross-border data flows and proposes a holistic and pragmatic proposal for reform.

Autorentext
Neha Mishra is Assistant Professor in the International Law Department at the Graduate Institute in Geneva, Switzerland. She was previously Lecturer in law at the Australian National University and Postdoctoral Fellow at the National University of Singapore. Neha holds a doctorate degree from the University of Melbourne. She was awarded the 2019 Harold Luntz Graduate Research Prize for the best thesis in Melbourne Law School, and the 2020 University of Melbourne Chancellor's Prize for Excellence in the PhD Thesis. Neha has also held visiting research positions at the Max Planck Institute in Luxembourg and the World Trade Organization. She completed her undergraduate degree in law from National Law School Bangalore (India), LLM in Public International Law from London School of Economics (UK), and Master's in Public Policy from the National University of Singapore (Singapore). Neha is a dual-qualified lawyer (UK and India) and has previously practiced law with Herbert Smith Freehills LLP in London and Economic Laws Practice in Delhi.

Klappentext

This open access bookexamines how international trade agreements apply to domestic regulations on cross-border data flows and then proposes a multilayered framework to align international trade law with evolving norms and practices in global data governance. Digital trade and global data governance are at a unique crossroads, raising significant policy challenges. The book focuses on five policy areas at the interface of digital trade and global data governance: privacy, cybersecurity, governmental access to data, data divide, and competition. In five separate chapters, the book analyses how different types of domestic laws in each of these policy areas interface with existing provisions in international trade law. Thereafter, each of these chapters explores the challenges and possibilities for aligning international trade law with evolving norms, standards and best practices in that specific area of data regulation, both at the domestic and transnational level. Drawing upon these findings, the final chapter proposes a multilayered framework for aligning international trade law with evolving norms and practices in global data governance. The key message of the book is that international trade law can and should meaningfully align with and contribute to the development of transnational data governance norms and practices. It can also foster robust regulatory cooperation among various stakeholders of the digital economy. As the book offers a broad perspective on the significance of digital trade rules in a datafied world, it will benefit scholars, practitioners and policymakers working on digital trade and data regulation, helping its readers explore fresh avenues in the future development of digital trade rules. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Swiss National Science Foundation.

Zusammenfassung

This open access book examines how international trade agreements apply to domestic regulations on cross-border data flows and then proposes a multilayered framework to align international trade law with evolving norms and practices in global data governance.

Digital trade and global data governance are at a unique crossroads, raising significant policy challenges. The book focuses on five policy areas at the interface of digital trade and global data governance: privacy, cybersecurity, governmental access to data, data divide, and competition. In five separate chapters, the book analyses how different types of domestic laws in each of these policy areas interface with existing provisions in international trade law. Thereafter, each of these chapters explores the challenges and possibilities for aligning international trade law with evolving norms, standards and best practices in that specific area of data regulation, both at the domestic and transnational level.

Drawing upon these findings, the final chapter proposes a multilayered framework for aligning international trade law with evolving norms and practices in global data governance. The key message of the book is that international trade law can and should meaningfully align with and contribute to the development of transnational data governance norms and practices. It can also foster robust regulatory cooperation among various stakeholders of the digital economy.

As the book offers a broad perspective on the significance of digital trade rules in a datafied world, it will benefit scholars, practitioners and policymakers working on digital trade and data regulation, helping its readers explore fresh avenues in the future development of digital trade rules.

The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Swiss National Science Foundation.

Inhalt

1. Introduction: Setting the Narrative
I. Introduction
II. Key Concepts
III. Free Flow of Data V/S Data Sovereignty
IV. The Digital Trade - Global Data Governance Interface
V. Conclusion

2. The Tussle and Harmony of Trade and Privacy
I. Introduction
II. Privacy, Digital Trade, and Cross-Border Data Flows
III. Interface of Privacy Measures with International Trade Law
IV. Aligning International Trade Law with Privacy Governance
V. Conclusion

3. The Emerging Dimensions of Digital Trade and Cybersecurity
I. Introduction
II. Cybersecurity, Digital Trade and Data Flows
III. Interface of Cybersecurity Measures and International Trade Law
IV. Aligning International Trade Law with Global Cybersecurity Governance
V. Conclusion

4. Data Access, Digital Trade and Global Data Governance…